City Council Minutes - 07/12/2005 =Agenda
st 9, 2005 f
CIL MINUTES
COUNCIL y
TIGARD CITY COUNCIL MEETING
JULY 12, 2005
Mayor Dirksen called the meeting to order at 6:30 p.m. }
-City Council Present: Mayor Dirksen and Councilors Harding,Will amsod , Wilson
and Woodruff. Also present: Youth Advisory Council President
EXECUTIVE SESSION: The Tigard city a° uncil went into uevaluateve sthe
ion
at 6:30 p.m. to consider employment public officer and to
employment-related performance of the chief executive officer under ORS
192.660(2)(a)(i).
Executive Session concluded at 6:45 P.M.
> ADMINISTRATIVE ITEMS
City Council reviewed the procedure for the Quasi-Judicial Public Hearing of the
• Appeal of the Conditional Use Permit for the Tigard First Baptist Church
Expansion. The applicant submitted a request for additional time; this request is
on file in the City Recorder's office. The City Council will open the hearing and
continue it to July 26, 2005.
' Additional information was submitted by Public Works Staff for the Public
Hearing on Solid Waste Rates —Agenda Item No. 5. The information should be
attached as Page 2 of Exhibit A to the proposed resolution.
i
The proposed resolution for park and greenway land acquisition guidelines will
be puffed from tonight's agenda (Agenda Item No. 6)
I
Discussion on Strategic PlanningP1a Heng treat_After Retreat was set for Septemben, the r 30,2005.
for the City Council Strategic
i
Washington County issue Papers—Washington County staff is scheduled to
brief Council on August 16, 2005.
,I
Fifth Tuesday—The next meeting day is August 30, 2005. City Council asked
that the meeting location be changed from the Library Community Room to the
Water Auditorium.
Council received comparison information on Garbage Franchise Fees—60
Oregon Cities.
COUNCIL MINUTES—JULY 12, 2005
page 1
Council Calendar:
o July 19 Council Workshop Meeting —6:30 p.m. Il
o July 26 Council Business Meeting—6:30 p.m. —Town Ha!}
o August 9 Council Business Meeting—6:30 p.m. —Town Hall
o August 16 Council Workshop Meeting—6:30 p.m. --Town Hail
o August 23 Council Business Meeting—6:30 p.m. —Town Hall
o August 30 5t"Tuesday Council Meeting—7-9 p.m. --Water Auditorium
Study Session Recessed at 6:58 P.M.
• EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 7:69 p.m. to consider employment of a public officer under
ORS 192.666(2)(a).
Executive Session concluded at 7:20 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the meeting to order at 7:34 p.m.
1.2 Council Present: Mayor Dirksen; Councilors Harding, Sherwood,
Wilson, and Woodruff. Also present: Youth Advisory Council
President Williams.
1.3 Pledge of Allegiance
.I 1.4 Council Communications & Liaison Reports: None
1.5 Cal!to Council and Staff for Non-Agenda Items
Assistant to the City Manager Newton introduced new City of Tigard
employee Bob Roth,
Volunteer Specialist. Mr. Roth addressed the
City Council referring to his hope to diversify and enhance the City's
volunteer program.
2. CITIZEN COMMUNICATION
■ Mayor Dirksen advised that Agenda Item No. 6 — Consider a Resolution
Setting Forth Land Acquisition Guidelines to be Considered by Council
When Acquiring Parks and Greenway Properties will not be considered
tonight.
■ Bob Storer, 7225 SW Ventura Drive, Tigard, OR 97223 said he was not
supportive of where the process is going on the park and greenway
acquisition guidelines. He referenced Oregon law with regard to SDC
funds being used to purchase land outside the city limits. Mr. Storer said
the law does not prohibit using these funds within city limits. Hes
aid he
believed the guidelines were slanted toward development and would like
to see a balance. He urged the City Council to get involved. He was
concerned the matter was over-simplified and this could lead to some
bad decisions. The proposed guidelines do not represent what was
COUNCIL MINUTES —JULY 12, 2005
page 2
i
indicated by the public survey. He recommended a more
comprehensive review.
Councilor Woodruff said Mr. Storer's comments are Recreation Board
sonable, He
acknowledged the work done to date by the Park and
(PRAB). The PRAB will review this matter again on July 18, 2005.
Mr. Storer suggested the following categories be established to assist
with discussion on priority setting:
1. Donated land
2. Park and recreation facilities
3. Greenway and natural resources
John Frewing, 7110 SW Lola Lane, Tigard, OR 97223 commented on
the process for developing guidelines to determine how to consider park
and greenway acquisitions. He said the guidelines in the proposed
resolution contain "terrible" definitions. He recommended that staff
define categories. Other issues noted by Mr. Frewing included:
- Questionable policy of allowing SDC credit to developers
- Resolution appears to be directed toward developers for acquisition
evaluation
ith Mr. Store
- Noted agreement wr regarding the review categories
- Scope of the proposed resolution is not clear
- Resolution is slanted toward developed parks
- Criteria listed in the resolution is subjective
Mr. Frewing said PRAB needed to review this matter more.
Councilor Wilson advised that the matrix presented was to be used to
help make informed decisions when opportunities come up for
acquisition of property for parks or greenway.
Councilor Woodruff thanked the citizens and PRAB for their efforts. He
noted this work is "new territory" and he appreciated the extra review by
PRAB.
Gretchen Buehner, 13249 SW 136th Place, Tigard, OR 97223, advised
that park land and donations had been discussed during review of the
Planned Developments. Park land is needed on Bull Mountain. She
noted concerns about the
e Pnce RAB f She special
so interest
noted open space needs
pressure being placed on th
for the southern and western areas of Tigard.
COUNCIL MINUTES—JULY 12, 2005 page 3
Councilor Woodruff noted this process has been an open one with
regard to participation; however, not everyone will get what they want.
■ Interim City Manager Prosser presented a follow-up report to the June
23, 2005 citizen communications:
- Alice Ellis Gaut noted concerns with a proposed parking lot adjacent
to the shelter located near the library. City Council decided not to go
forward with the parking lot.
Pavel Goberman noted concerns about the size of sign used by Raz
Transportation at Pacific Highway. Staff looked into this matter and
the sign is smaller than what the Sign Code allows; therefore, Raz
could apply for a larger sign if desired.
Michael A. Smith had explained his issues regarding the City's
requirements relating to property he was marketing for clients at
11990 SW 72 d Avenue. Staff has been working toward resolutions
of these issues. Requirements for development are the responsibility
of the buyer.
Gretchen Buehner requested education efforts be made to explain to
the public how SDC funds can be used. Interim Finance Director:
Imdieke is preparing an article for the September Cityscape.
Youth Advisory Council President Williams noted the following Consent Agenda
I, items presented for the City Council's review:
I
3, CONSENT AGENDA
inutes for May 24, and June 14, 2005
3.1 Approve Council M
3.2 Receive and File:
a. Council Calendar
'I b. Tentative Agenda
3.3 Authorize the interim City Manager to Relinquish a Public Slope
Easement along SW 6e Parkway.
3.4 Local Contract Review Board:
of Ten Police Vehicles Under State
a. Approve the Purchase
Contract
Motion by Councilor Wilson, seconded by Councilor Sherwood, to approve
the Consent Agenda as presented.
The motion was approved by a unanimous vote of Council present:
Mayor Diirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
page 4
COUNCIL MINUTES JULY 12, 2005
--
i
4. PUBLIC HEARING (QUASI-JUDICIAL)
FIRSTI BAPTIST CHURCH CONDITIONAL EXPANSION
USE
PERMIT FOR THE T
ITEM ON APPEAL: On April 25t", 2005 the Tigard Hearing's Officer held a
public hearing to consider an application for conditional use approval to
construct a 22,500 square foot expansion of the existing church and
associated parking in three phases. As part of Phase 2, the applicant
proposed to relocate the existing driveway on SW Gaarde Street. The
Hearing Officer adopted findings approving the Conditional Use Permit and
Sensitive Lands Reviews and denied the requested Adjustment to the
access spacing standards. An appeal was filed on May 25, 2005 by the
owner and applicant, on the basis that the Hearing's Officer misconstrued
the applicable law. More specifically, the appellant's argue that the Hearing
Officer's decision failed to balance the approval criteria.
LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 1100.
ZONE: R-3.5: Low-Density Residential District.
REVIEW CRITERIA BEING APPEALED: Community Development Code
Chapters 18.370 and 18.705.
a. Mayor Dirksen opened the public hearing.
b. Associate Planner Tracy advised the appellant requested
postponement of the hearing to allow time to prepare additional
arguments.
C. Motion by Councilor Sherwood, seconded by Councilor Woodruff, to
continue the quasi-judicial public hearing for the Appeal of a
Conditional Use Permit for the Tigard First Baptist Church Expansion
to July 26, 2005.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
5. PUBLIC HEARING —SOLID WASTE RATE ADJUSTMENT
a. Mayor Dirksen opened the public hearing.
b. Public Works Director Koellermeier presented the staff report and
explained the proposed adjustments to the solid waste rates:
COUNCIL MINUTES —JULY 12, 2005 page 5
1. The haulers rate of return was 7.9 percent and, the franchise
agreements provide that when the annual rate of return falls
below 8.5%, a range adjustment is automatically triggered.
2. Staff and haulers propose a program change to cart: recycling.
The new system would provide new 90-gallon roller carts for
residents. All recycled materials can be deposited in the cart
except for glass and motor oil. Benefits of the new cart recycling
program were reviewed.
3. Staff recommends an increase in the franchise fee from 3% to
4%. The funds from this fee will be used to pay for Metro-directed
programs and to offer programs to Tigard residents such as
neighborhood clean ups and landscape enhancements.
Public Works Director Koellermeier reviewed information distributed
to the City Council regarding the rate of garbage franchise fees
charged by 60 cities in Oregon. At 4%, Tigard would be about in the
middle of the range of the rates charged by these 60 cities.
A summary of the proposed solid waste rate changes follows:
1. Adjustment to solid waste rates to provide a 10% aggregate rate
of return on gross revenues to be effective August 1, 2005.
2. Adjustment to recycling rates and implementation of the new cart
system to be effective January 1, 2006.
3. The 4%franchise fee to be effective January 1, 2006.
C. Council discussion:
Councilor Woodruff said he supported the proposed changes. He
noted the rates have not been raised since 2001. In addition,
services for customers will be enhanced. He said he would like to
see a future discussion on the profit margin set forth in the franchise
agreement to determine whether the margin is fair.
d. Public Testimony:
John Frewing, 7110 SW Lola Lane, Tigard, OR 97223,
questioned the 90-gallon recycling cart and asked for the
justification for a cart of this size. He noted the cart would be
unattractive and the difficulty some customers might have with
moving a cart this large.
COUNCIL MINUTES—JULY 12, 2005 page 6
i
Discussion followed. In 2001, the City Council decided that
the fees charged for solid waste collection would be based on
a direct cost of service. At that time, commercial rates
collected were offsetting costs for residential services. With
regard to the size of the recycling cart, Public Works Director
Koellermeier advised that the 90-gallon cart has worked well in
other communities. Smaller carts can be provided.
Councilor Wilson asked if bulky-item pick up service was
addressed. Public Works Director Koellermeier said special
pick-ups are available. Staff will explore whether a bulky-item
drop off day(s) can be offered to residents, similar to the fall
leaf drop-off program.
Councilor Harding supported offering a service for collection of
bulky items. She said she also supported using some funds to
help with neighborhood clean-up programs.
Gretchen Buehner, 13249 SW 136th Place, Tigard, OR 97223,
said she agreed with Mr. Frewing about concerns with a large
recycling cart. She suggested the haulers be proactive and let
customers know at the beginning of the program that there is
an option to use a smaller cart.
e. Public Works Director Koellermeier recommended the City
Council approve the proposed resolution.
Youth Advisory Council President Williams asked how glass
could be recycled. Public Works Director Koellermeier
advised the plan is for people to use the smaller container now
being used for recycled materials for glass. Glass will be
picked up periodically (not every week).
i
i
f. Mayor Dirksen closed the public hearing.
g. Council Consideration:
Motion by Councilor Wilson, seconded by Councilor Sherwood, to
adopt Resolution No. 05-46
RESOLUTION NO. 05-46 — A RESOLUTION ADJUSTING SOLID
WASTE RATES DUE TO CHANGES IN THE SOLID WASTE
INDUSTRY, IMPLEMENTING NEW RECYCLING . PROGRAMS,
AND ADJUSTING THE FRANCHISE FEE TO 4% OF ANNUAL
GROSS REVENUES
COUNCIL MINUTES—JULY 12, 2005 page 7
_ 1
The motion was approved b a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
G. CONSIDER A RESOLUTION SETTING FORTH LAND ACQUISITION
GUIDELINES TO BE CONSIDERED BY COUNCIL WHEN ACQUIRING
PARKS AND GREENWAY PROPERTIES
Motion by Councilor Wilson, seconded by Councilor Sherwood, to carry this
agenda item forward to a future date.
The motion was approved by a unanimous vote of Council present:
I
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
7. CONSIDER A RESOLUTION TO ESTABLISH A FINANCIAL STRATEGY
TASK FORCE AND APPOINT MEMBERS
a. Interim City Manager Prosser presented the staff report for this
agenda item. The citizen-based Financial Strategy Task Force will
work to prepare recommendations for City Council to consider
measures to improve the City's financial condition. Potential deficits
are forecast within the next four to five years.
The Task Force will consist of the citizen members of the Budget
Committee, members of the Committee for Citizen Involvement, a
representative from the Downtown Task Force, and a representative
from the Transportation Financing Strategies he askTasForce. The
which
proposed resolution outlines the charge o
includes evaluating City program service levels, looking at ways for
the City to deliver services in a more cost-efficient or cost-effective
manner, and identify potential new revenue sources such as the City
charging fees for service to those citizens that live outside the City
boundaries. The Task Force will also review the option of asking the
Tigard voters to approve a Local Option Tax Levy. It is expected that
the Task will report back to the City Council by December 31, 2005.
In response to a question from Councilor Woodruff, Interim City
Manager Prosser advised that it is anticipated the Task Force will
COUNCIL MINUTES —JULY 12, 2005
page 8
have one or two meetings. There will be public notices for these
meetings. Comments may also be forwarded directly to Interim
Finance Director Imdieke.
b. Council members supported the formation of this Task Force in order
to look at the overall financial situation of the City and to solicit ideas
from the public. Councilor Woodruff suggested an article be placed in
the September Cityscape to inform the City residents about the Task
Force and solicit comments.
Mayor Dirksen noted that the course the city is on is not sustainable—
the City will have to do something different and what's to be done
must be based on what citizens suggest.
C. Motion by Councilor Woodruff, seconded by Councilor Harding. to
adopt Resolution No. 05-45.
A member of the audience — Roger Potthoff, 11710 SW Ann Street,
Tigard, OR asked if the proposed resolution provides for staff time to
assist the Task Force. Interim City Manager Prosser responded that
the Finance staff will be involved. In addition, it's possible that a
student intern could assist. Councilor Wilson added he would hope
the Task Force is provided with adequate research resources —
technicai and legal.
RESOLUTION NO. 05-48 — A RESOLUTION TO ESTABLISH THE
FINANCIAL STRATEGY TASK FORCE AND APPOINT MEMBERS
TO THE TASK FORCE
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
8. DISCUSSION OF BRANDING/GRAPHIC IDENTITY
a. Assistant to the City Manager Newton introduced this agenda item.
b. Consultant Marcusen and City Council reviewed an audit of existing
print materials and the signage and identities of other cities. A
PowerPoint presentation was utilized during the discussion; a copy is
on file in the City Recorder's office. The presentation illustrated logos
COUNCIL MINUTES —JULY 12, 2005 page 9
I
and seals used by other cities. During the review, Mr. Marcusen
pointed out some of the common elements of the designs.
In response to Councilor Woodruff, who noted that the Council was
looking for something more significant than a logo, Mr. Marcusen i
agreed that branding is more of an identity or an embodiment of a
City's personality. He referred to building equity in the City's symbol. 4
Following are some of the comments during the discussion as City
Council and Mr. Marcusen worked through ideas:
■ Traditional seals — many of those cities are older (150 years)
whereas Tigard was incorporated in 1961.
■ Intrigued by the skill of developers for their creative names and
logos, which create an image and a sense of place.
■ Don't try to put too much, however, into the logo. Convey an
image. The image could be "aspirational."
■ The logo could represent a concept or a symbol. People bring
meaning to it with the rationale behind it.
■ Simplicity is being assaulted; looking for "fresh air." Many of
the symbols in the logos are fairly fussy.
Assess what is germane to Tigard: "This is what Tigard is for
us."
Don't make a past that wasn't there; or, a history can
sometime be created and this can be effective.
■ Clean type faces.
■ Keep logo simple; develop a more detailed watermark.
■ Reviewed the brainstorming ideas developed by the Vision
Task Force.
■ Ideas: appreciation of nature, motion (transit, commerce),
energetic lifestyle, family friendly, Fanno Creek (plans to focus
on this more in the future), destination, a place to rest, home,
sense of community. Again, a place to call home, as opposed
to a geographic place.
■ Mr. Marcusen noted the above ideas are good inspirations for
design (community, family friendly), but suggested the
conveyance might lead to complexity. Mayor Dirksen
suggested use t tement could also be used frior a place to
endly,
guideline for
guideline. The statement
decision making.
■ Remember inclusiveness when defining "family."
■ Maintain an open mind as this collaboration moves forward to
develop symbols. Sometimes photographic images can
support and reinforce an identity.
■ Discussed how to say family friendly without literally saying.
For example, the logo for Spain looks as if a child drew it —
"approachable."
COUNCIL MINUTES —.JULY 12, 2005
page 10
}
■ There are all types of family structures, but Tigard is home.
"Home images" —developers are good at doing this.
■ Trails...this is the way home.
■ Mr. Marcusen advised that at the next meeting he will bring
in more symbols for the City Council to view including some
international design examples. He noted many are multi-
colored, which would be expensive to reproduce.
■ Urban village--architecture in a stylized form.
■ Downtown efforts: preserve and recapture style of older brick
buildings, 1890's to 1920's. There has been no discussion yet
on design standards for Downtown.
■ Ties with the school system, a sense of community, Family
Day, a strong sense of family, community values.
■ A differentiator for Tigard might be creeks. Values might be
difficult to transfer to a symbol, but could use a tag line or
develop a motto.
■ Tigard's current logo is the only one that is triangular.
■ Many things cumulatively support the vision of the City — the
symbol sets the tone.
Mr. Marcusen will review the ideas discussed tonight. The Council will
continue its review on this matter at its July 19, 2005, workshop meeting.
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS: None
I
11. EXECUTIVE SESSION:
o evaluate city
the employment-related Council
at d perfo Executive
Session at 6:30 p.m. t of
the chief executive officer under ORS 192.660(2)(i).
I
i
12. ADJOURNMENT: 10:10 p.m.
i
Catherine Wheatley, City Recorde
Attest:
Mayor C*ty of Tigard
Date,-
I:%dm%celhy%ccmW05\0507 .doo
COUNCIL MINUTES —JULY 12, 2005 page 11